Longest v. Langford - 274 U.S. 499 (1927)
U.S. Supreme Court
Longest v. Langford, 274 U.S. 499 (1927)
Longest v. Langford
Motion to dismiss submitted May 16, 1927
Dismissed and certiorari granted May 31, 1927
274 U.S. 499
1. A case from a state court involving only a question of the construction and applicability, but not the validity, of act of Congress is not reviewable by writ of error under Jud.Code, § 237(a), but by certiorari under § 237(b). P. 274 U. S. 500.
2. A failure to observe this distinction may subject the party suing out the writ to damages and double cost, under Rev.Stats. § 1010; Jud.Code 237(c). P. 274 U. S. 500.
3. The papers on which a writ of error was improvidently allowed by a chief justice of a state supreme court may, under Jud.Code, § 237(c), be treated as a petition for certiorari, and as if presented to this Court at the time when they were presented to him. P. 274 U. S. 501.
Writ of error to 114 Okla. 50 dismissed.
The facts are set out in the opinion.